Opinion
27776-21
11-17-2022
ROBERTO HARNEY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
EMIN TORO JUDGE
This case is currently calendared for trial during the Court's December 5, 2022, New York, New York, trial session. On November 14, 2022, respondent filed a Motion to Dismiss for Failure to Properly Prosecute (Doc. 7). In the motion, respondent moves the Court to dismiss the case and find in its order that there is a deficiency in income tax in the amount of $3,227.00 due from petitioner for the 2018 taxable year.
Upon due consideration, it is hereby
ORDERED that, on or before December 1, 2022, petitioner shall serve on respondent, and file with the Court, a response to respondent's Motion to Dismiss for Failure to Properly Prosecute. It is further
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute is set for hearing at the Court's New York, New York, trial session scheduled to commence on December 5, 2022, at 10:00 a.m. in Room 206, 2nd floor, Jacob K. Javits Federal Building, 26 Federal Plaza, New York, New York, 10278.
Petitioner is advised that failure to comply with the terms of this Order or failure to appear at the hearing on December 5, 2022, may result in the Court granting respondent's motion and entering an order and decision against petitioner.